DEMING – Luna County Manager Ira Pearson, Deming school board member Billy Ruiz and two Luna County employees in the maintenance department are facing criminal charges in a complaint filed by New Mexico State Police in Luna County Magistrate Court.

The county employees named in the criminal summons are Jose Contreras and his supervisor Elliot Orozco. None were arrested.

The criminal complaint, filed on Tuesday, alleges that Contreras was directed to purchase plumbing material for use at Pearson's personal residence during August and November of 2017, and that the three employees were doing work at Pearson's house while on county time. This included a trip Contreras allegedly took to pick up materials in Las Cruces in November.

The complaint against Pearson lists four counts: making or permitting a false public voucher, tampering with evidence, and two counts of conspiracy to commit a felony pertaining to making or permitting a public voucher. All four charges are fourth-degree felonies.

Ruiz, who was elected to the Deming school board in 2017, was director of maintenance for the county at the time the alleged crimes took place. He is charged with two fourth-degree felonies: conspiracy to making or permitting a false public voucher and solicitation.

Contreras is charged with five fourth-degree felony counts of making a false public voucher, tampering with evidence, two counts of conspiracy, and receiving public money for services not rendered (to the public). He is also charged with embezzlement of less than $250, a petty misdemeanor.

Orozco, supervisor to Contreras, is charged with a single count of conspiracy to tamper with evidence, a fourth-degree felony.

Deming school board member Billy Ruiz, seen during a 2017 public meeting at Columbus Elementary ...more

Deming school board member Billy Ruiz, seen during a 2017 public meeting at Columbus Elementary School, Columbus NM.

Algernon D'Ammassa/Headlight Photo

'I knew they would find out, poor Joe'

On Nov. 6, 2017, Luna County Sheriff’s Captain Jose Martinez was approached by a county employee who had been informed by a maintenance worker of suspicious activity in the department. The complaint was referred to the New Mexico State Police, which opened an investigation in November of 2017.

The complaint involved an $845 purchase of plumbing materials made by Contreras using a county-issued credit card for Pearson’s personal residence at 2850 Amado Road SW in Deming.

Court records indicate that Ruiz took Contreras, described as a plumber by trade, to Pearson’s residence to see what materials would be needed.

Ruiz directed Contreras to order the needed materials, which were eventually transferred from county property to Pearson's residence by Contreras in his personal pickup truck. It was further alleged that Contreras and Orozco had been working for Pearson on the side on days they were also on county time.

In November, the complaint states a maintenance employee reported Contreras and Ruiz to supervisor Orozco, and informed Orozco that the Luna County Sheriff's Office had been contacted. Orozco was reported as replying, “I knew they would find out, poor Joe (Contreras).”

A maintenance worker took photos of the materials with packages opened and items missing, and then photographed the materials when they were replaced with unopened packaging.

According to the complaint, Pearson placed an order with Morrison Supply on Nov. 14, 2017, paid for with his own money in the amount of $635.20, for materials closely matching what had been used on his house the preceding summer.

According to interviews with Luna County Maintenance Department personnel, none of these materials were ever used by the county, which did not even have the equipment needed to install Aquapex coil lines that were among the purchases.

Receipts from Morrison Supply allegedly show the materials were picked up on Aug. 15, 2017 by Orozco, and on Nov. 14, 2017 by Contreras.

Signed timesheets allegedly indicate Contreras, Ruiz and Orozco were on public time while also engaged in non-official work for Pearson at his residence.

On Thursday evening, Assistant County Manager Glory Juarez told the Sun-News that Pearson had been put an administrative leave by the Luna County Board of Commissioners pending further information. She did not state whether an internal investigation would take place.

As to the other three employees, Juarez said the county would follow its standard policies and procedures, and refrained from further comment on personnel matters.

"Luna County is mindful of the rights of the parties involved including the presumption of innocence until proven guilty," Juarez said. In the county manager's absence, Juarez confirmed she had the authority to manage day-to-day-operations.

Deming Board of Education President Bayne Anderson told the Las Cruces Sun-News Thursday afternoon he would not comment on the criminal complaint, but said that the board was consulting with legal counsel and had not yet been in contact with Ruiz, who was out of town.

Ira Pearson did not immediately respond to queries from the Sun-News. On his behalf, Las Cruces attorney Jess Lilley told the Sun-News, "Mr. Pearson has never done anything to defraud Luna County. We look forward to addressing these allegations through the legal process."

This story has been updated with comment from Ira Pearson's attorney and from Assistant County Manager Glory Juarez.

Bill Armendariz can be reached at 575-546-2611 (ext. 2606) or biarmendariz@demingheadlight.com.